Appellate & Litigation Support

The lawyers in Cosgrave’s appellate practice group have briefed and argued hundreds of civil and administrative appeals before the Oregon and Washington courts of appeal and supreme courts, the U.S. Court of Appeals for the Ninth Circuit, and the United States Supreme Court.  We don’t just handle our own firm’s appeals.  Lawyers in other firms often ask us to handle their appeals.

Our group includes former appellate court law clerks and fellows in the invitation-only American Academy of Appellate Lawyers.  In 2017, we earned a top-tier ranking for Appellate Practice in the Metro edition of U.S. News – Best Lawyers^® “Best Law Firms.”

Our practice extends beyond traditional appellate work.  We also help lawyers in our firm and other firms prepare for trial, including drafting trial briefs, motions, and jury instructions.

Appellate Services

Like a good trial lawyer, a good appellate lawyer has a particular skill set, which includes familiarity with the rules and conventions that are peculiar to the appellate courts.  It also includes the ability to identify and develop the arguments that are most likely to persuade appellate judges.

Our appellate services include:

• Reviewing the trial court record
• Identifying appeal-worthy issues
• Evaluating the merits of a potential appeal
• Participating in appellate mediation
• Developing a strategy for an appeal
• Writing appellate briefs, including amicus briefs
• Presenting oral argument

Our appellate practice group has tackled complex statutory, contract, and constitutional issues in all areas of civil practice – from personal injury to business litigation, insurance coverage to professional liability, construction defects to civil rights, and more.  We’ve constructed novel, cutting edge legal theories, many of which have been accepted by the appellate courts.  For a list of representative appeals we’ve handled, see below.

Litigation Support Services

Cosgrave’s appellate practitioners are known for their substantive and procedural knowledge as well as their analytical and writing skills.  That’s why our clients and trial attorneys (from our firm and other firms) frequently ask us to assist in trial court proceedings.

Over the years, our group has drafted and argued hundreds of trial court motions and has assisted in dozens of trials.

Our litigation support services include:

• Analyzing complex legal issues
• Consulting on litigation strategy
• Drafting and arguing dispositive motions
• Drafting and arguing trial submissions, including trial memoranda, jury instructions, motions in limine, verdict forms, and motions for directed verdict
• Drafting and arguing post-trial motions, including motions for new trial
• Participating in trial to ensure that a proper trial court record is made and that specific issues are properly preserved for appeal.

Representative Cases

Oregon Supreme Court

• Barrett v. Union Pacific Railroad Company
• Dowell v. Oregon Mutual Insurance Company
• West Hills Development Co. v. Chartis Claims
• Turner v. Dept. of Transportation
• Rains v. Stayton Builders Mart
• Deckard v. Bunch
• Alfieri v. Solomon
• Broadway Cab LLC v. Employment Dept
• Brownstone Homes Condo. Assn. v. Brownstone Forest Hts (Brownstone II)
• Brownstone Homes Condo. Assn. v. Brownstone Forest Hts.
• Montara Owners Association v. La Noue Development LLC
• Nobel v. Dept. of Fish and Wildlife
• Two Two v. Fujitec America, Inc.
• Karuk Tribe of California v. TriMet
• Wright v. Turner
• Brandrup v. ReconTrust Co.
• Association of Unit Owners of Timbercrest Condominiums v. Warren
• Eads v. Borman
• Farmers Ins. Co. of Oregon v. Mowry
• Bonds v. Farmers Ins. Co. of Oregon
• Charles v. Palomo
• Vogelin v. American Family Mutual Ins. Co.
• Vaughn v. First Transit, Inc.
• Waldner v Stephens
• Boyer v. Salomon Smith Barney
• Lowe v. Philip Morris USA, Inc.
• Harris v. Suniga
• Mid-Century Ins. v. Perkins
• Johnson v. Swaim
• Logan v. D.W. Sivers Co.
• Reynolds v. Schrock
• Burden v Copco Refrigeration, Inc.
• McCall v. Kulongoski
• Barackman v. Anderson
• Williams v. Philip Morris, Inc.
• Walsh Construction, Inc. v. Mutual of Enumclaw
• Bergmann v. Hutton
• Yancy v. Shatzer
• League of Oregon Cities v. State
• State ex rel. Kaino v. Oregon Comm’n on Judicial Fitness and Disability
• Abrams v. General Star Indem. Co.
• Swett v. Bradbury (Swett II)
• Lincoln Loan Co. v. City of Portland
• Swett v. Bradbury (Swett I)
• Fleming v. United States Auto. Ass’n
• Lakin v. Senco Products, Inc.
• Granewich v. Harding
• Vandermay v. Clayton
• Hagan v. Gemstate Mfg., Inc.

Oregon Court of Appeals

• Higgins v. State Farm Fire and Casualty Company
• McClain v. Safeco Ins. Co.
• West Hills Development Co. v. Chartis Claims
• John L. V. Platt, D.C., P.C. v. Snellgrove
• Village at North Pointe Condo. Assn. v. Bloedel Constr. (Village II)
• Hoddenpyl v. Fiskum
• Stonecrest Properties, LLC v. City of Eugene
• LDS Development LLC v. City of Eugene
• Clardy v. Nike, Inc. et al
• Market Transport Ltd. v. Employment Dept.
• Wells Fargo Bank, NA v. Haas
• LDS Development, LLC v. City of Eugene
• Wingett v. Silbernagel
• Village at North Pointe Condo Assn. v. Bloedel Const. (Village I)
• Currier v. Washman, LLC
• Concienne v. Asante
• West Hills Development Co. v. Chartis Claims
• Thoens v. Safeco Insurance Company of Oregon
• Turner v. State
• De Zafra v. Farmers Insurance Company
• Dowell v. Oregon Mutual
• Sunset Presbyterian Church v. Anderson Construction Company
• Deckard v. Bunch
• Patton v. Mutual of Enumclaw Insurance Company(Patton 11)
• Heller v. BNSF Railway Company
• Alfieri v. Solomon
• Amerivest Financial v. Malouf
• Adair Homes, Inc. v. Dunn Carney
• Montara Owners Assn. v. La Noue Development, LLC
• Rains v. Stayton Builders Mart, Inc.
• Schilder v. Carlson
• Congdon v. Berg
• Two Two v. Fujitec America, Inc.
• Brownstone Homes Condominium Ass’n v. Brownstone Forest Heights. LLC
• McCoy v. Newport Seafood Grill
• Truck Ins. Exchange v. Friend
• McMackin v. Union Pacific Railroad Co.
• Wright v. Turner
• Badrick v. Farmers ins. Co. of Oregon
• Cermak v. Global Construction, Inc.
• Howard v. Chimps
• Evergreen Pacific, Inc. v. Cedar Brook Way, LLC
• Worthington v. Estate of Milton E. Davis
• Home Builders Assoc. of Metro. Portland v. METRO
• Amberglen, LLC v. Ankrom Moisan Associated Architects, Inc.
• Karuk Tribe v. Tri-County Metropolitan Transportation District
• King v. Neverstill Enterprises, LLC
• Mossberg v. University of Oregon
• Haines v. Oliver
• Yee v. Yee
• Belinskey v. Clooten (Belinskey II)
• Certain Underwriters at Lloyd’s London v. Massachusetts Bonding and Ins. Co.
• McDowell v. Allied Building Products Corp.
• Ekren v. Farmers Ins. Co. of Oregon
• Morasch v. Hood
• Cardenas v. Farmers Ins. Co.
• Riverside Homes, Inc. v. Murray
• Mulligan v. Hornbuckle
• Charles v. Palomo
• Bonds v. Farmers Ins. Co. of Oregon
• Assoc. of Unit Owners of Riverbend on Willamette Condominium v. American States Ins. Co.
• Wilmoth v. Ann Sacks Tile and Stone, Inc.
• Worman v. Columbia County
• Rogozhnikov v. Essex Ins. Co.
• Morton & Associates, LLC v. McCain Foods USA, Inc.
• Yowell v. Wild Oats Markets, Inc.
• Kennedy v. Eden Advanced Pest Technologies
• Vaughn v. First Transit, Inc.
• Vogelin v. American Family Mutual Ins. Co.
• Landauer v. Landauer
• Martinez v. Kulongoski
• Farmers Ins. Co. of Oregon v. Conner
• Buckwalter v. State Farm Mut. Auto. Ins. Co.
• Belinskey v. Clooten (Belinskey I)
• Barackman v. Anderson
• Day-Towne v. Progressive Halcyon Ins. Co.
• Heffner v. Farmers Ins. Co. of Oregon
• Cole v. Sunnyside Marketplace, LLC
• Huntley v. Tri-Met
• Mid-Century Ins. v. Perkins
• Phillips v. Safeco Ins. Co. of Oregon
• Harris v. Suniga
• Johnson v. Swaim
• Gaucin v. Farmers Ins. Co. of Oregon
• Palmquist v. Flir Systems
• Robert Camel contracting v. Krautscheid
• Weston v. Camp’s Lumber & Building Supply, Inc.
• Burden v. Copco Refrigeration, Inc.
• Douglas Community Hospital v. Mercy Medical Center
• Busch v. Farmington Centers Beaverton
• Reeves v. Reeves
• Farmers Ins. Exch. v. Crutchfield
• Guess v. Lee
• Shumake v. Foshee
• Evers v. Roder
• Roop v. Parker Northwest Paving Co.
• Williams v. Philip Morris Inc.
• Lea v. Farmers Ins. Co. of Oregon
• Waddill v. Anchor Hocking, Inc.
• McLean v. Charles Ellis Realty, Inc.
• Walsh Construction, Inc. v. Mutual of Enumclaw
• Bocci v. Key Pharmaceuticals, Inc.
• Anderson v. Farmers Ins. Co. of Oregon
• Association of Unit Owners of Bridgeview Condominiums v. Dunning
• Moore Excavating, Inc. v. Consolidated Supply Co.
• Summer Oaks Ltd. Partnership v. McGinley
• Young v. Continental Crane & Rigging Co.
• Slagle v. Hubbard
• Tyrrell v. Marine Propulsion Services, Inc.
• Turudic v. Stephens
• Nelsen v. Nelsen
• Miller v. Salem Merchant Patrol, Inc.
• Jeffries v. Mills
• Polaski v. Clark
• Rugemer v. Rhea

Ninth Circuit Court of Appeals

• Romani v. Wells Fargo Bank NA
• Paulson v. Arbaugh
• Paulson v. Oregon State Bar
• Clackamas County v. Midwest Employers Cas. Co.
• Kode v. Carlson
• Bispo v. GSW, Inc.
• Brooks v. Citibank, N.A.
• Darian v. Accent Builders, Inc.
• AT&T Communications-East Inc. v. BNSF Ry. Co.
• AcraDyne Inc. v. Travelers Cas. & Sur. Co. of America
• Clark v. Capital Credit & Collection Services, Inc.
• Oregon Metallurgical Corp. v. Burlington Northern & Santa Fe R. Co.
• Foster v. Carson
• Union Pacific R. Co. v. Mower
• West Park Associates v. Butterfield Sav. & Loan Ass’n
• Columbia Grain, Inc. v. Oregon Guar. Ass’n
• Breda v. Scott

Washington Supreme Court

• Broughton Lumber Company v. BNSF Railway Company
• Troxell v Rainer Public Sch. Dist No. 307

Washington Court of Appeals

• Pederson v. Allied Credit Companies
• Sepulveda-Esquaril v. Central Machine Works

Affiliations

American Academy of Appellate Lawyers
Defense Research Institute
Federal Bar Association
Federation of Defense & Corporate Counsel
Litigation Counsel of America
Oregon Association of Defense Counsel
Oregon State Bar Appellate Section
Owen M. Panner American Inn of Court
U.S. District Court of Oregon Historical Society